Wetini Akuhata

53 Sheehan Street

Gisborne.

Tel: 06 8633266.

To: The Registrar,

Waitangi Tribunal

P.O. Box 5022

Wellington

New Zealand.

IN THE MATTER OFthe Treaty of Waitangi Act 1975

AND

IN THE MATTER OFa claim by Wetini Akuhata for himself, others, and on behalf of Te Whanau a Kahu of Ruawaipu.

AND

IN THE MATTER OFthe Crown of the United Kingdom (UK).

CONCERNINGActive Protection.

STATEMENT OF CLAIM

Dated 22 October 2005

1. The Claimant

  1. This claim is lodged by Wetini Akuhata (“the Claimant”).
  1. The Claimant is a direct descendant of Kauwhakatuakina.
  1. Kauwhakatuakina is the founding ancestor of Te Whanau a Kahu (“the hapu”)
  1. The eponymous ancestor of the hapu who held the manawhenua is Ruawaipu.

2.The Claimant Rohe

  1. The hapu coastal rohe (boundary) can be generally described as the Punaruku Stream in the north to the Karakatuwhero River in the south.
  1. The taonga (treasures) within the rohe can generally be described as (but not limited to) the following;
  1. Foreshore and seabed out to the 200 nautical mile limit and past;
  1. Rivers, streams (including beds and banks);
  1. Natural water;
  1. All minerals, oils petroleum’s;
  1. Natural organisms;
  1. Atmosphere;
  1. Geothermal energy;
  1. Development space;
  1. Forests
  1. Fisheries (fresh water and saltwater)
  1. Lands dry and wet (including materials below the land and on top).

3.The Claim: The Cause of Action

  1. The Claimant states that this matter falls within one or more of the matters referred to in Section 6 (1) of the Treaty of Waitangi Act 1975 namely:
  1. That he is te tangata whenua ( Maori)
  1. That he and his hapu and others have been and continue to be prejudicially affected by the various Acts, practices and omissions done by the Crown UK.
  1. That the aforementioned prejudices are inconsistent with Articles I, II and III of Te Tiriti o Waitangi, and its principles, by way of the Crown UK failing to protect the tino rangatiratanga and taonga of the Claimant and his hapu.

3.Statement of Claim

  1. The Claimant states that the Crown UK failed to actively protect his hapu tino rangatiratanga and taonga as agreed to and protected under Article II of Te Tiriti o Waitangi 1840 (indigenous version) by way of the Crown UK allowing the following;
  1. Establishment of provincial government in 1852 [UK-NZ Constitution Act] and relinquishing the Crowns direct duties and responsibilities.
  1. Relinquishing its duties of native affairs and defence to the colonial government in 1864. (Knowing the colonial government were breaching Te Tiriti o Waitangi).
  1. The Crown UK failing to protect hapu from the colonial military invasion and evil consequences during the East Coast wars in the 1865.
  1. The Crown UK granting dominion status to NZ colonial - government in 1907.
  1. The Crown UK allowing the NZ government to join the League of Nations as a sovereign member in 1920.
  1. The Crown UK enacting the Statutes of Westminster 1931 granting sovereign powers to the NZ colonial government.
  1. The Crown UK allowing the NZ government to repeal the 1852 and 1931 UK constitutions [NZ constitution Act 1986] giving NZ parliament ultimate sovereignty.
  1. The Human Rights Act (UK) 1998 failing to recognise the Claimant’s rights under Article III of Te Tiriti o Waitangi.
  1. The NZ Supreme Court Act 2003, by way of the Crown UK allowing the disbandment of the Privy Council, without providing certainty of active protection to the Claimant.
  1. The Crown UK allowing the NZ Parliament to impersonate a sovereign.
  1. The Breaches
  1. It is alleged that the Crown UK has breached Te Tiriti o Waitangi 1840 (indigenous version).

5.The Result of Prejudice

  1. It is alleged that as a result of specific prejudices by the Crown UK, Te Whanau a Kahu have been adversely affected and discriminated against in their political, economic, social, cultural and spiritual well being, by way of;

(a)The denial of active protection by the Crown UK

(b)Acts and omissions by the Crown UK impeding Te Whanau a Kahu from exercising their tino rangatiratanga over their taonga.

6.Recommendations Sought

  1. That the Tribunal find in favour of this claim.
  1. That the Crown UK reverse the prejudice.
  1. That a remedial endowment be implemented in the utmost of good faith.
  1. Any other recommendation that the Tribunal see fit.

7.Particulars

  1. The Claimant wishes the Tribunal to commission a researcher to report on the claim.
  1. The Claimant asks for permission to amend this claim if necessary.
  1. That this claim is heard at Pikitanga Marae, Te Araroa, East Coast, Gisborne.
  1. The Claimant believes all affected parties of the Tribunal East Coast Inquiry District should be notified of the claim, in particular;
  1. Her Majesty Queen Elizabeth II, SW1A 1AA, Buckingham Palace, London, England.
  1. The Executive Judicial Committee of the Privy Council, Privy Council Office, Downing Street, SW1A 2AJ, London.
  1. Dame Silvia Cartwright, Governor General, Government House, Wellington.
  1. The Claimant wishes to notify the Tribunal that as of right he wishes for legal representation by the Sovereign Law Office without prejudice by the Crown.

Signed …………………………………..

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